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(영문) 서울고등법원 2018.07.12 2018누37641
직접생산확인취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the Plaintiff in the trial of the first instance do not differ from the contents of the Plaintiff’s assertion in the trial of the first instance, and even if the evidence submitted in the first instance and the trial of the first instance were re-examined along with the Plaintiff’s assertion, the judgment of the first instance court dismissing the Plaintiff’

Therefore, the reasoning of this court is that the plaintiff's employees are not awarded a subcontract for manufacturing, processing, and assembly of structures in a lump sum because the plaintiff's work was conducted in collaboration with normal construction under the direction of the plaintiff. However, in light of the whole purport of evidence and arguments as seen earlier, even if the plaintiff's employees participated in the construction of the structure of this case, it seems that the materials submitted by the plaintiff alone are merely confirming and managing the subcontract site, and it is insufficient to recognize that the building supplied by normal construction was installed by the plaintiff directly or under the direction of the plaintiff, and there is no other evidence to acknowledge this, and therefore, it is not sufficient to recognize that the materials submitted by the plaintiff were installed through cutting, contact, ceiling, or horse work, and there is no other evidence to acknowledge it). Thus, this is identical to the reasons of the judgment of the court of first instance, except for adding "the building constructed by normal construction is installed by the plaintiff under the direction of the plaintiff, and there is no other evidence to acknowledge it."

2. Thus, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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